Quebec Law 25 & Workplace Video Surveillance: A Practical Guide for Employers

What Is Quebec Law 25?

Quebec's Law 25 (formerly Bill 64) substantially modernizes privacy protections for individuals in Quebec. Under this law, video recordings capturing identifiable human faces or personal characteristics are classified as personal information. Businesses deploying security cameras must establish clear policies and adhere to strict privacy safeguards.

The Principle of Proportionality and Legitimate Purpose

Under Quebec law and decisions from the Commission d'accès à l'information (CAI), video surveillance cannot be used for continuous, generalized employee performance surveillance. You cannot place a camera pointed directly at an office desk or cashier to monitor productivity. Surveillance is only lawful for legitimate security purposes, such as protecting physical assets, preventing inventory theft, or safeguarding employee physical safety.

Where Cameras Are Strictly Prohibited

Cameras are never permitted in spaces where individuals have a reasonable expectation of privacy, including:

• Employee washrooms, restrooms, and shower facilities
• Locker rooms and changing quarters
• Employee lunchrooms and rest break areas
• Private executive offices unless specific high-risk asset protection is demonstrably required

Mandatory Notice and Signage Requirements

Law 25 mandates that individuals must be notified before their personal information is collected. In a commercial or retail setting, this requires prominent, bilingual signage at all property entryways stating that the premises are under video surveillance, the security purpose of the recording, and contact information for the company's designated Privacy Officer.

Data Retention and the Role of the Privacy Officer

Businesses must appoint a designated Person Responsible for the Protection of Personal Information (Privacy Officer). Video footage should not be stored indefinitely; standard practice recommends retaining footage for 15 to 30 days unless an active police investigation or insurance claim is underway, after which recordings should be automatically overwritten.